Don’t Get Caught With Incomplete Terms of Use

Business

From Berman Fink Van Horn A recent unpublished decision by the Eleventh Circuit Court of Appeals serves as a strong reminder of the importance of clear and complete terms of use for digital services, and presenting those terms to users early and often. In EarthCam, Inc. v. OxBlue Corp., et al., 2017 WL 3188453 (11th Cir. 2017),…

201707.28

Off

Business Judgment Rule in Georgia Strengthened By New Law

Business

From Berman Fink Van Horn On July 1, 2017, a new Georgia law, which amends both the Georgia Business Corporation Code and the Financial Institutions Code of Georgia, came into effect. The new law strengthens the business judgment rule applicable to officers and directors of Georgia corporations, including officers and directors of financial institutions. The…

201707.27

Off

Treat harassment by non-employees no differently than harassment by employees

Employment

From Meyers, Roman, Friedberg & Lewis Consider the following lawsuit the EEOC filed against a California senior-care provider: The civil rights agency found that Rashon Sturdivant, an experienced care provider, faced daily harassment, including racially offensive remarks about “brown sugar” and “black butts,” requests to perform sexual acts, and lewd comments about her body. The client also…

201707.25

Off

What’s the statute of limitations on a breach of fiduciary duty claim?

Business, Litigation

From Berman Fink Van Horn Under Georgia law, certain relationships give rise to fiduciary duties on the part of individuals. An individual with a fiduciary duty must exercise loyalty and utmost good faith towards the person to whom the duty is owed. Certain employees and officers can owe fiduciary duties. Georgia courts have held that employees vested…

201707.24

Off

Court rules that religious accommodation request is not protected activity for retaliation claim

Employment

From Meyers Roman Friedberg & Lewis A Minnesota federal court has ruled that an employee’s request for a religious accommodation did not qualify as protected activity to support the employee’s retaliation claim. EEOC v. North Memorial Health Care (D. Minn. 7/6/17) involves a hospital that withdrew a conditional job offer to a nurse after she disclosed that she was…